Uncasville native and lawyer: Don't prejudge Mueller investigation

Kristina Tedeschi Wayne For The Bulletin

Saturday

Mar 3, 2018 at 6:03 PMMar 3, 2018 at 8:59 PM

Uncasville native and lawyer Ross Garber made it to the national stage last month after an article he authored on the investigation into Russian attempts to influence the last presidential election was published Feb. 1 in the Los Angeles Times.

Garber's article said the public may never learn the results of special counsel Robert S. Mueller’s investigation.

A partner with the law firm Shipman & Goodwin LLC and co-chairman of the Government Investigations and White Collar Crime Group, Garber appeared as a legal expert on the MSNBC show "The Beat with Ari Melber" after his article was published to offer his thoughts on why neither the American people, or even Congress, may ever see Mueller’s findings.

That’s because Mueller, a former litigator and FBI director, doesn’t have the authority to submit a report to Congress, according to Garber.

Independent counsel Kenneth Starr, whose investigation led to the impeachment of former President Bill Clinton, did have that authority under a statute that authorized him to "advise the House of Representatives of any substantial and credible information … that may constitute grounds for an impeachment," Garber wrote in the article.

Congress has since allowed that statute to expire.

Instead, Garber wrote, it's Mueller’s boss, Deputy Attorney General Rod Rosenstein, who could release Mueller’s report "if he determines that doing so 'would be in the public interest, to the extent that release would comply with applicable legal restrictions.'"

But it’s unclear what Rosenstein will choose, Garber said, because he has both legal and practical aspects to consider.

"He will have to take into account the traditionally confidential nature of criminal investigations that don't result in an indictment, the longstanding Department of Justice policy against public revelations, his own distaste for disclosure, and the likely dramatic effect on the government that public release of the report will cause," Garber wrote. "And he will have to weigh all that against the public's interest in knowing about the potential misconduct of the president."

Garber, 50, grew up in Uncasville and graduated from Saint Bernard School before attending the University of Connecticut as an undergraduate. He went on to attend UConn’s School of Law, and interned in the area of white collar criminal defense. It was there he learned the mistakes of public figures can cost them dearly, including their friendships, marriages and careers.

"These are people who make mistakes, but who aren’t necessarily evil," Garber said. "I find it rewarding helping people who are in that situation."

Garber counts three Republican governors among his clients - Connecticut's former Gov. John G. Rowland, Gov. Robert Bentley of Alabama and Gov. Mark Sanford of South Carolina. All faced impeachment proceedings, according to Garber’s Shipman & Goodwin profile.

Garber also served on Democratic Gov. Dannel Malloy’s transition team, and has represented public officials, corporations, executives and others who are under investigation by law enforcement, legislative bodies and regulators, according to his law firm profile.

While his legal career has taken him far - Garber now splits his time between Hartford, Washington, D.C. and New Orleans, where he’s teaching a course on political investigations and impeachments at Tulane University Law School - he says his upbringing in Uncasville has informed his practice by helping him establish trust with his clients.

"I think there’s something to growing up in a small town that makes you connect with people in a way that matters," he said.

As Mueller’s investigation continues, Garber says it’s important to follow, "but it’s also important to keep an open mind and not prejudge this."

And if Mueller does find the president obstructed justice?

"It seems very, very unlikely that the president would be charged with a crime, at least while president," Garber said.

If he were to be indicted, "could the president pardon himself?" Garber asks in his article. The Supreme Court has never ruled on a president’s rights if charged with a crime, he noted.

"The answer is, nobody really knows," he said. "It’s obviously just going to be interesting to see how this plays out."

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